Maharaja Sir Rameshwar Singh Bahadur vs Basudeva Singh

Ross, J.—These appeals raise a question between landlord and tenant as to the right to the compensation for trees on land acquired by the Government under the Land Acquisition Act. The Collector awarded half the value of the trees to the tenant and half to the landlord. The District Judge held that the tenant was entitled to the whole. The landlord appeals. The trees are 10 sisoo trees, 1 barhar, 1 mango and 29 bamboos. The law is well known:-

The property in trees or of that which is likely to become timber, is in the landlord, and the property in bushes in the tenant. (Woodfall on Landlord and Tenant, 19th Edition, Page 736).

The District Judge seems to hold that because the landlord set up a custom by which he is entitled to only half of the value of the trees, and failed to prove it, the tenant is entitled to the whole, although he also has failed to prove such a custom. This decision is wrong. If no custom is proved, the case must be governed by the general law modified by any admission which the landlord makes in favour of the tenant. The result is that the landlord is entitled to half the compensation for timber and the tenant to half.

A question is then raised as to bamboos. The tenants claim the entire compensation for bamboos on the ground that they are not timber.

"By the term timber is meant properly such trees only as are fit to be used in building and-repairing houses Many descriptions of trees which are not generally considered as timber are so in some places by custom of the country, being there used for the purposes of building.

Applying this test it seems to me that whatever the botanical classification of bamboos may be, they are timber inasmuch as they are used, by the custom of the country, in the building and repairing of houses, and must, therefore, fall under the present rule.

It was faintly suggested that the respondents as tenants at fixed rates, are entitled to the whole compensation. It is unnecessary in this case to determine what the rights of tenants at fixed rates are, because there is no evidence that the respondents have that status.

Finally, it was urged that the tenants are entitled to compensation by reason of their loss of the fruits of the trees. This is not a matter between the parties to these appeals.

The result is that the appeals are decreed with costs and the decree of the District Judge is modified by awarding the landlord half of the compensation for the trees (including bamboos).

Das, J.

I agree.